HomeMy Public PortalAboutAgreement_2015-05-28_Los Angeles Gateway Region Integrated Regional Water Management JPA_Harbor Toxic TMDL Monitoring ProgramR ANAC�MIRAY WAi NT
Los Angeles Gateway Region
Integrated Regional Water Management
Joint Powers Authority
16401 Paramount Blvd., Paramount, CA 90723
City of Temple City
Attn: Andrew Coyne
9701 Las Tunas Dr.
Temple City, CA 91780
• 562.663.6850 phone 562-634-8216 fax
RE: Harbor Toxic TMDL Monitoring Program
Dear Mr. Coyne:
• www.gatewaVirwnip.org
June 24, 2015
Enclosed please find one (1) fully executed original copy of the Agreement between
GWMA and the City of Temple City for the cost sharing for the installation of
monitoring equipment and monitoring pursuant to the Harbor Toxic Pollutants TMDL.
Please retain this copy for your records.
Also enclosed is an invoice for the City of Temple City's initial payment amount.
Please remit payment as soon as possible.
Thank you.
Lj� �Ik�
Toni M. Penn
Administrative/Accounting Assistant
Enc.
Christopher Cash, Board Chair . Adriana Figueroa, Vice -Chair. Charlie Honeycutt, Secretary/Treasurer a Kevin wattier, Chair Emeritus
Proudly serving Gateway cities and agencies In Southeastern Loa Angeles County
Members: Artesia Bell Bell Gardens Bellflower Central Basin Muniopal Water District Cerritos Commerce - Cudahy Downey - Hawaiian Gardens Huntington Park La Mirada
Lakewood Long Beach Long Beach Water Department Lynwood - Maywood - Montebello - Norwalk - Paramount - Pico Rivera - Santa Fe Springs - Signal Hill - South Gate Vemon
Whittier
With Technical Support From The Sanitation Districts Of Los Angeles County
04/06/15
CDC :i:1 :1kVA A.I
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE
CITY OF TEMPLE CITY
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT
AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL
This Agreement is made and entered into as of May 28, 2015, by and between
the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers
Authority ("GWMA"), a California Joint Powers Authority, and the City of Temple City
(the "Permittee").
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and
management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term "MS4 Permittees" shall
mean those public agencies that are co -permittees to a National Pollutant Discharge
Elimination System Municipal Separate Storm Sewer System Permit Order ("MS4
Permit") issued by the Los Angeles Regional Water Quality Control Board;
WHEREAS, the United States Environmental Protection Agency established the
Total Maximum Daily Loads ("TMDL") for Toxic Pollutants on March 23, 2012, with the
intent of protecting and improving water quality in the Dominguez Channel and the
Greater Los Angeles and Long Beach Harbor Waters ("Harbor Toxic Pollutants TMDL");
WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from
National Pollutant Discharge Elimination System ("NPDES") permit holders, requiring
organization and cooperation among the Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least
a portion of the Los Angeles River including the estuary or Coyote Creek or the San
Gabriel River including the estuary;
WHEREAS, various MS4 Permittees desire
objectives of the Harbor Toxic Pollutants TMDL b)
the Los Angeles River at Wardlow Road, one mi
River near Spring Street, and one monitoring stat
Spring Street and conducting monitoring at sa
"Monitoring Stations") to ensure consistency with
and usability with other TMDL related studies;
to facilitate the achievement of the
installing one monitoring station in
nitoring station in the San Gabriel
on in the Coyote Creek, also near
1 monitoring stations (collectively
Aher regional monitoring programs
WHEREAS, installation of the Monitoring Stations and future monitoring requires
administrative coordination for the various MS4 Permittees that the GWMA can provide;
Page 1 of 10
12664/0601/1616452-2
ElbD-lip,
WHEREAS, individual MS4 permittees that are not GWMA members have
indicated a desire to participate in the cost sharing for the installation of the Monitoring
Stations and the costs of monitoring conducted at the Monitoring Stations (collectively
"Monitoring Costs");
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into
individual separate agreements with such individual MS4 Permittees (which shall not
have voting rights in any group relating to the GWMA Members) for purposes of only
cost sharing in the Monitoring Costs;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell
Gardens, Bellflower, Cerritos, Commerce, Cudahy, Downey, Hawaiian Gardens,
Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello,
Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon,
Whittier, Central Basin Municipal Water District and the Long Beach Water Department
("GWMA Members");
WHEREAS, because GWMA Members already currently pay annual membership
fees that pay for GWMA administrative costs, GWMA Members that participate in the
cost share for the Monitoring Costs shall pay a three percent (3%) administrative fee on
each payment to cover various administrative costs;
WHEREAS, MS4 Permittees that are not GWMA Members that participate in the
cost share for the Monitoring Costs shall pay a five percent (5%) administrative fee on
each payment to cover various administrative costs;
WHEREAS, currently a majority of MS4 Permittees tributary to the Los Angeles
and San Gabriel River systems have committed to cost share for the Monitoring Costs;
WHEREAS, because of the financial savings and benefits resulting from this
cost-sharing arrangement, other MS4 Permittees may request to participate in the cost
sharing of the Monitoring Costs;
WHEREAS, the cost -share formula, set forth in Exhibit "A" of this Agreement,
currently assumes the participation of the maximum number of MS4 Permittees required
to comply with the monitoring requirements of the Harbor Toxic Pollutants TMDL;
WHEREAS, it is currently unknown how many MS4 Permittees will ultimately
participate in the cost sharing of the Monitoring Costs;
WHEREAS, because some definite maximum cost share amount per
participating Permittee is required for planning purposes, this Agreement requires each
participating Permittee to submit an initial payment that includes the first year payment
plus a deposit that is 25% of the first year payment cost identified in Exhibit "A" of this
Agreement, to account for possible non -participation of some MS4 Permittees in the
cost share for the Monitoring Costs;
Page 2 of 10
12664/0001/1816452-2
04/06/15
WHEREAS, depending on how many MS4 Permittees ultimately participate in
the cost sharing for the Monitoring Costs, each participating Permittee's annual cost
share amount will be adjusted and the GWMA will notify each participating Permittee of
its adjusted annual cost share amount in writing;
WHEREAS, the "Initial Payment Amount" and the "Annual Payment Amount"
identified in Section 8 ("Financial Terms") of this Agreement represent the maximum
dollar amounts that the Permittee is required to submit to the GWMA, but may be
reduced based on the final number of MS4 Permittees that participate in the cost
sharing for the Monitoring Costs;
WHEREAS, if the actual cost share amount is less than the Initial Payment
Amount paid by the Permittee, the GWMA will notify the Permittee and shall credit any
balance in excess of the actual cost share amount towards the Permittee's "Annual
Payment Amount" in subsequent years;
WHEREAS, the Permittee desires to share in the Monitoring Costs;
WHEREAS, the Permittee and the GWMA are collectively referred to as the
"Parties";
WHEREAS, the Parties have determined that authorizing GWMA to hire
additional consultant as necessary to install the Monitoring Stations and conduct the
monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the
Parties;
WHEREAS, the Permittee agrees to pay: (a) its proportional share of the
Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing
Formula reflected in Exhibit "A", (b) a deposit of 25% of the initial cost share amount
and a deposit of 25% of the annual cost share amount; and (c) applicable administrative
fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the
Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain
consultants to install Monitoring Stations and conduct monitoring at the Monitoring
Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part
of this Agreement.
Section 2. Purpose. The purpose of this Agreement is for the Permittee to cost
share in the Monitoring Costs.
Section 3. Cooperation. The Parties shall fully cooperate with one another to
achieve the purposes of this Agreement.
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126641000111816452-2
04/06/15
Section 4. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 5. Binding Effect. This Agreement shall become binding on GWMA
and the Permittee.
Section 6. Term. This Agreement shall commence on July 1, 2015 and shall
expire on June 30, 2018, unless terminated earlier pursuant to this Agreement.
Section 7. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to
cover the Monitoring Costs; and
(b) The GWMA shall administer the consultants' contracts for the
Monitoring Costs.
Section 8. Financial Terms.
(a) Initial Payment Amount. The Permittee shall pay no more than One
Thousand Three Hundred Twenty Dollars and Eighty Cents ($1,320.80) for the initial
payment ("Initial Payment Amount") , for the 2015-2016 fiscal year to the GWMA for
managing the installation of the Monitoring Stations and the monitoring data collected at
the Monitoring Stations for the 2015-2016 fiscal year. This Initial Payment Amount
includes: (1) the Permittee's cost share amount ("Cost Share Amount") identified in
Exhibit "A", attached hereto and incorporated herein; (2) the administrative fee
identified in subsection (c) of this Section 8; and (3) a deposit in the amount of 25% of
the Permittee's Cost Share Amount identified in Exhibit "A".
(b) Annual Payment Amount. For each subsequent fiscal year,
commencing with the 2016-2017 fiscal year, the Permittee shall pay no more than
Seven Hundred Twenty Dollars and Twenty Cents ($720.20) ("Annual Payment
Amount") annually on a fiscal year (July 1" to June 30th) basis to the GWMA in
exchange for the monitoring data collected from the Monitoring Stations. This price
assumes the participation of the maximum number of MS4 Permittees subject to the
Harbor Toxic Pollutants TMDL. This Annual Payment Amount includes: (1) the
Permittee's Cost Share Amount identified in Exhibit "A", attached hereto and
incorporated herein; (2) the administrative fee identified in subsection (c) of this Section
8; and (3) a deposit in the amount of 25% of the Permittee's Cost Share Amount
identified in Exhibit "A".
(c) Adjustment of Cost Share Based on Number of Participants. The
"Initial Payment Amount" and the "Annual Payment Amount" identified in Section 8
("Financial Terms") of this Agreement represent the maximum dollar amounts that the
Permittee is required to submit to the GWMA, but may be reduced based on the final
number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs.
In the event that fewer than the maximum number of MS4 Permittees participate, the
GWMA will notify the Permittee in writing that the Permittee's cost share amount will be
adjusted accordingly. If the Permittee's actual cost share amount plus administrative
Page 4 of 10
1266410001/1616452-2
04/06/15
costs are less than the Initial Payment Amount paid by the Permittee, the GWMA will
notify the Permittee in writing and shall credit any balance in excess of the actual cost
share amount towards the Permittee's "Annual Payment Amount" in subsequent years;
(d) Administrative Costs. As part of the Initial Payment Amount and
the Annual Payment Amount, the Permittee shall also pay its proportional share of the
GWMA's staff time for hiring the consultants and invoicing the Permittee, audit
expenses and other overhead costs, including reasonable legal fees incurred by the
GWMA in the performance of its duties under this Agreement ("Administrative Costs").
The GWMA shall charge five percent (5%) of each Permittee's Cost Share Amount
identified in Exhibit "A" to the Permittee's annual invoice to cover the Permittee's share
of the Administrative Costs.
(e) The Permittee's Initial Payment Amount shall cover the 2015-2016
fiscal year and is due upon execution of this Agreement, but in no event later than June
30, 2015. For each subsequent fiscal year, commencing with the 2016-2017 fiscal year,
the GWMA shall submit annual invoices to the Permittee for the Annual Payment
Amount no later than the April 1 st prior to the new fiscal year.
(f) Upon receiving an invoice from the GWMA, the Permittee shall pay
the invoiced amount to the GWMA within thirty (30) days of the invoice's date.
(g) The Permittee shall be delinquent if its invoiced payment is not
received by the GWMA within forty-five (45) days after the invoice's date. If the
Permittee is delinquent, the GWMA will: 1) verbally contact the representative of the
Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the
Permittee at the address listed in Section 12 of this Agreement. If payment is not
received within sixty (60) days of the original invoice date, the GWMA may terminate
this Agreement. However, no such termination may be ordered unless the GWMA first
provides the Permittee with thirty (30) days written notice of its intent to terminate the
Agreement. The terminated Permittee shall remain obligated to GWMA for its
delinquent payments and any other obligations incurred prior to the date of termination.
If the GWMA terminates this Agreement because the Permittee is delinquent in its
payment, the Permittee shall no longer be entitled to the monitoring data collected from
the Monitoring Stations.
(h) Any delinquent payments by the Permittee shall accrue compound
interest at the average rate of interest paid by the Local Agency Investment Fund during
the time that the payment is delinquent.
Section 9. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent
contractor for performance of the obligations described in this Agreement. The GWMA's
officers, officials, employees and agents shall at all times during the term of this
Agreement be under the exclusive control of the GWMA. The Permittee cannot control
the conduct of the GWMA or any of its officers, officials, employees or agents. The
Page 5 of 10
126641000111816452-2
04/06/15
GWMA and its officers, officials, employees, and agents shall not be deemed to be
employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries,
wages, other compensation, employment taxes, workers' compensation, or similar taxes
for its employees and consultants performing services hereunder.
Section 10. Indemnification and Insurance.
(a) The Permittee shall defend, indemnify and hold harmless the
GWMA and its officers, employees, and other representatives and agents from and
against any and all liabilities, actions, suits proceedings, claims, demands, losses,
costs, and expenses, including legal costs and attorney's fees, for injury to or death of
person(s), for damage to property (including property owned by the GWMA) for
negligent or intentional acts, errors and omissions committed by the Permittee or its
officers, employees, and agents, arising out of or related to that Permittee's
performance under this Agreement, except for such loss as may be caused by GWMA's
negligence or that of its officers, employees, or other representatives and agents,
excluding the consultant.
(b) GWMA makes no guarantee or warranty that any monitoring data
prepared by the consultants shall be approved by the relevant governmental authorities.
GWMA shall have no liability to the Permittee for the negligent or intentional acts or
omissions of GWMA's consultants. The Permittee's sole recourse for any negligent or
intentional act or omission of GWMA's consultants shall be against consultants and their
insurance.
Section 11. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no
reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain
responsible for its entire Annual Payment Amount through the end of the current fiscal
year during which Permittee terminates the Agreement and shall not be entitled any
refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee
provides written notice of termination to the GWMA by February 15th immediately prior
to the new fiscal year, the Permittee shall also be responsible for its Annual Payment
Amount through the end of the new fiscal year (e.g., If the Permittee terminates on
March 1st, 2016, the Permittee is responsible for the Annual Payment Amounts for both
FY 2015-2016 and FY 2016-2017. If the Permittee terminates on February 10, 2016,
the Permittee is responsible for its Annual Payment Amount only for FY 2015-2016, not
for FY 2016-2017). If the Permittee terminates the Agreement, the Permittee shall
remain liable for any loss, debt, or liability otherwise incurred through the end of the new
fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this
Agreement upon not less than thirty (30) days written notice to the Permittee. Any
remaining funds not due and payable or otherwise legally committed to Consultant shall
Page 6 of 10
12664/0001/1816452-2
PL•/b1-.71V
be returned to the Permittee.
Section 12. Miscellaneous.
(a) The Permittee has been accepted as a participant in the cost
sharing for the Monitoring Costs and shall not be entitled to appoint a representative or
to vote or participate in any way in decisions assigned to GWMA Members. Participant
status entitles the Permittee only to the monitoring data collected from the Monitoring
Stations for any fiscal year in which the participant has paid its Annual Payment
Amount.
(b) Notices. All Notices which the Parties require or desire to give
hereunder shall be in writing and shall be deemed given when delivered personally or
three (3) days after mailing by registered or certified mail (return receipt requested) to
the following address or as such other addresses as the Parties may from time to time
designate by written notice in the aforesaid manner:
To GWMA:
GWMA Administrative/Accounting Assistant
GWMA
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:
Mr. Andrew Coyne
Management Analyst
City of Temple City
9701 Las Tunas Dr.
Temple City, CA 91780
acoyne@templecity.us
(c) Amendment. The terms and provisions of this Agreement may not
be amended, modified or waived, except by a written instrument signed by all Parties.
(d) Waiver. Waiver by either the GWMA or the Permittee of any term,
condition, or covenant of this Agreement shall not constitute a waiver of any other term,
condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision or a
waiver of any subsequent breach of any provision of this Agreement.
(e) Law to Govern: Venue. This Agreement shall be interpreted,
construed, and governed according to the laws of the State of California. In the event of
litigation between the Parties, venue shall lie exclusively in the County of Los Angeles.
Page 7 of 10
126641000111816452-2
04/06/15
(f) No Presumption in Drafting. The Parties to this Agreement agree
that the general rule than an agreement is to be interpreted against the Party drafting it,
or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this
Agreement is declared or determined by any court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be
affected thereby and this Agreement shall be read and construed without the invalid,
void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement
of the Parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements, whether written or oral, with respect thereto.
(i) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken together shall
constitute but one and the same instrument, provided, however, that such counterparts
shall have been delivered to all Parties to this Agreement.
Q) Legal Representation. All Parties have been represented by
counsel in the preparation and negotiation of this Agreement. Accordingly, this
Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons
executing this Agreement on behalf of Permittee warrants and represents that he or she
has the authority to execute this Agreement on behalf of the Permittee and has the
authority to bind Permittee.
Page 8 of 10
12664/0001/1816452-2
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on their behalf, respectively, as follows:
DATE://S-
LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY I�
�?'
Christopher S. Cash
GWMA Chair
DATE: 1P--2- 201 PERMITTEE
City 01
T
Signature
6f \40-n `God
Print Name
C , Una e/
Print Title
Page 9 of 10
126641000111816452-2
EXHIBIT "A"
COST SHARE MATRIX
ATTACHED
Page 10 of 10
12664/0001/1816452-2
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